The Qualified Business Income (QBI) deduction under Section 199A allows eligible taxpayers to deduct up to 20% of qualified business income from pass-through entities (LLCs, S-Corps, sole proprietorships). Rental real estate can qualify for the QBI deduction if it rises to the level of a ‘trade or business’ — either through REPS qualification, the STR loophole, or meeting the IRS rental real estate safe harbor (250+ hours of rental services per year, documented in a contemporaneous log). For high-income Orange investors, the QBI deduction can generate $20,000–$100,000+ in additional deductions. KDA’s team will determine your eligibility.

Divorce involving real estate creates complex tax issues for Orange property owners. Key points: (1) transfers of property between spouses incident to divorce are generally tax-free under IRC Section 1041 — no gain or loss is recognized; (2) the receiving spouse takes the transferring spouse’s adjusted basis (including accumulated depreciation); (3) if the marital home is sold, the Section 121 exclusion may apply if both spouses meet the ownership and use tests; (4) rental property transferred in divorce retains its depreciation schedule and passive loss history. KDA’s Orange team will advise on the tax implications of real estate division in divorce and help you negotiate the most tax-efficient settlement.

Proper record-keeping is the foundation of a defensible real estate tax position. For Orange rental property owners, essential records include: (1) purchase documents (closing statement, deed, mortgage) for basis tracking; (2) all income records (rent receipts, bank statements, 1099s); (3) all expense receipts (repairs, maintenance, insurance, property management fees); (4) depreciation schedules and cost segregation reports; (5) time logs for REPS or STR loophole claims; (6) lease agreements; and (7) records of capital improvements for basis adjustment. KDA’s team provides a record-keeping checklist and conducts annual reviews.

High-income W-2 employees in Orange are the ideal clients for real estate tax strategy because they have the most to gain. At a 37% federal rate plus 13.3% California state tax (or 2.5% Arizona), every dollar of real estate loss that offsets W-2 income saves 50%+ in taxes. The STR loophole is the fastest path: buy a short-term rental in a strong market, materially participate (document 100+ hours), and generate $50,000–$200,000 in first-year losses through cost segregation + bonus depreciation. KDA’s Orange real estate CPA team will model the exact tax savings for your income level and design the implementation plan.

The Net Investment Income Tax (NIIT) is a 3.8% surtax on investment income — including rental income and capital gains from real estate — for high-income taxpayers. It applies to the lesser of your net investment income or the amount by which your MAGI exceeds $200,000 (single) or $250,000 (married). For Orange real estate investors, NIIT can add $38,000 on a $1M capital gain. The primary strategies to avoid NIIT: qualify for REPS (rental income becomes non-passive, exempt from NIIT) or use the STR loophole (same result). KDA’s team will model your NIIT exposure and identify avoidance strategies.

The Section 121 exclusion allows homeowners to exclude up to $250,000 ($500,000 married) of capital gains from the sale of their primary residence, provided they’ve owned and used it as their primary residence for at least 2 of the last 5 years. Investment properties do NOT qualify for the Section 121 exclusion. However, if you convert an investment property to your primary residence, live in it for 2+ years, and then sell, you may qualify for a partial exclusion. The exclusion does NOT apply to depreciation recapture — that portion is always taxable. KDA’s Orange team will model the Section 121 opportunity for any investment property you’re considering converting.

In competitive Orange real estate markets, the standard 1031 exchange timeline — sell first, then find a replacement within 45 days — can be extremely challenging. A reverse exchange solves this by letting you buy first, then sell. The IRS allows reverse exchanges under Revenue Procedure 2000-37, with a 180-day window to sell the relinquished property after acquiring the replacement. KDA’s Orange team has coordinated reverse exchanges and will guide you through the additional complexity and costs involved.

Yes — if one spouse qualifies for REPS, the couple can use the REPS designation on their joint return. The qualifying spouse’s rental losses become non-passive for the couple’s joint return, allowing them to offset the other spouse’s W-2 income. However, both the 750-hour test and the majority-time test must be met by the qualifying spouse individually — you cannot combine both spouses’ hours. This is a powerful strategy for couples where one spouse is a full-time real estate investor and the other has significant W-2 income. KDA’s Orange team structures REPS strategies for couples regularly.

Prop 19’s impact on Orange real estate investors is significant. If you own rental properties with low Prop 13 assessed values and plan to pass them to your children, those properties will be reassessed at current market value upon transfer — potentially tripling or quadrupling annual property taxes. Mitigation strategies include: (1) transferring properties before death via irrevocable trusts; (2) using LLCs with gifted interests; or (3) selling and doing a 1031 exchange into properties with higher assessed values. KDA’s Orange team will model the Prop 19 impact on your estate plan.

In practice, the best real estate tax professionals are CPAs or EAs who specialize in real estate. The CPA credential signals rigorous training and licensure. The real estate specialization signals deep knowledge of the strategies that matter most to investors. KDA’s Orange team combines both — licensed credentials with exclusive focus on real estate tax planning.